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CORPORATIONS ACT 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.2 - TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SERVICES REFORM ACT 2001    View history reference

Division 1 - Transitional provisions relating to the phasing-in of the new financial services regime    View history reference

Subdivision C - Treatment of existing clearing and settlement facilities    View history reference

SECTION 1429  TREATMENT OF OTHER CLEARING AND SETTLEMENT FACILITIES  

 View history reference

1429(1)  [Application]  


This section applies to each clearing and settlement facility being operated immediately before the FSR commencement in relation to which both of the following paragraphs are satisfied:


(a) the clearing and settlement facility is not a facility to which section 1425 applies;


(b) section 1128 of the old Corporations Act did not, immediately before the FSR commencement, require the operator of the facility to be a person approved under section 1131.

1429(2)  [No application]  


Subject to subsection (3), section 820A of the amended Corporations Act does not apply in relation to the facility during the period (the transition period) starting on the FSR commencement and ending on whichever of the following first occurs:


(a) the end of the period of 2 years starting on the FSR commencement;


(b) the operator of the facility is granted a licence under section 824B of the amended Corporations Act covering the facility;


(c) the Minister makes an exemption under section 820C of the amended Corporations Act covering the facility;


(d) the facility starts to provide services in respect of a class or classes of financial products in respect of which it did not provide services immediately before the FSR commencement.

1429(3)  [Regulations]  


The regulations may provide that specified provisions of the amended Corporations Act (including section 820A), and any associated provisions, apply in relation to a clearing and settlement facility to which this section applies during some or all of the transition period for the facility with specified modifications.


 



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